A/HRC/12/26
page 23
(a) Pre-cleaning. Developed countries should consider adopting appropriate
measures, including awards for “green” ship dismantling, to prevent, in line with the
Basel Convention Ban Amendment, the export of end-of-life vessels containing hazardous
materials to developing countries which do not have the capacity to manage them in an
environmentally safe manner. Similarly, shipowners are encouraged, in line with the
emerging body of norms on corporate social responsibility and the “polluter pays”
principle, to consider pre-cleaning their ships in developed countries, prior to their
dispatch to recycling facilities in developing countries;
(b) Environmentally sound waste management. Ship-recycling States should
endeavour to enforce international obligations and national legislation on environmental
protection and develop appropriate infrastructures for ship-recycling activities, including
waste management facilities (e.g. landfill sites, incineration plants, etc.). National legislation
should, in particular, lay down the conditions under which ships may be accepted into its
jurisdiction for recycling. Taking into account that the “beaching” method does not and
cannot, by its very nature, offer sufficient guarantees for the environmentally sound
management of the hazardous wastes it generates, stakeholders should consider adopting
all appropriate measures to ensure the gradual phasing-out of “beaching” and a swift and
steady move towards alternative methods of shipbreaking;
(c) Workers’ rights. Shipbreaking States should take steps to improve their
regulatory and enforcement capacities in the field of labour law and worker safety, health
and welfare, so as to strengthen the protection afforded to persons employed in the
shipbreaking industry. They should also eliminate obstacles which de facto prevent
workers in shipbreaking yards from exercising their freedom of association and right to
collective bargaining, and set up an effective and reliable system of labour inspections, with
the participation of workers’ representatives. Shipbreaking States should also take
immediate steps, to the maximum of their available resources, with a view to realizing fully
the right of workers to social security in the event of accidents and occupational diseases.
Yard owners should take all appropriate measures, when needed through State support
and international assistance and cooperation, to improve health and safety at work
(inter alia by providing adequate personal protective equipment and safety training),
promote better health care, housing and sanitation facilities for workers, and develop
appropriate mandatory insurance schemes to protect workers in the event of accidents and
occupational diseases;
(d) Data collection. Ship-recycling States and yard owners should collect
disaggregated statistical data on an annual comparative basis on workers who die or
become disabled as a result of work-related accidents or occupational diseases, and make
these data publicly available;
(e) Ship-recycling fund. States and the shipping industry should consider
establishing a ship-recycling fund to support the upgrade of facilities in accordance with
the new Convention requirements and promote the development of alternative methods of
ship dismantling (with a view to phasing-out “beaching” in the longer term). They should
also consider the creation of a fund for victims of accidents and their families, aimed at
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